Justifying Feasibility Constraints on Human Rights

It is a crucial question whether practicalities should have an impact in developing an applicable theory of human rights—and if, how (far) such constraints can be justified. In the course of the non-ideal turn of today’s political philosophy, any entitlements (and social entitlements in particular) stand under the proviso of practical feasibility. It would, after all, be unreasonable to demand something which is, under the given political and economic circumstances, unachievable. Thus, many theorist—particularly those belonging to the liberal camp—begin to question the very idea of social human rights on grounds of practical infeasibility. This new minimalism about human rights motivates an immanent critique arguing that even if we were to proceed from a liberal framework, we would still wind up with a justification of the full list of social human rights. In the first part of this article, I will present the central positions of the debate presented by Amartya Sen, Maurice Cranston and Pablo Gilabert. Initially arguing that a minimalism of human rights on grounds of practical infeasibility alone proves unjustifiable, however, I shall open up two further perspectives, which allow practical infeasibilities to become normatively determinate. Discussing contributions by James Griffin and Charles Beitz, I will defend the thesis that certain feasibility constraints on (social) human rights can be justified on the condition that they are grounded either in a normative idea of the appropriate implementation of these rights or in reflection of the practical function of a theory of human rights.     

Reciprocating Desires: The Pursuit of Desirable East Asian Femininity in China’s Commercial Sex Industry

ABSTRACT

This article examines how socioeconomic conditions impact heteronormative sexual desires between high-tier sex workers and their non-Chinese clients in urban South China. Drawing from Hoang’s interpretation of ‘dealing in desires’, Rofel’s ‘Desiring China’, and cultural capital, the article considers how desire circulates in high-end bars and its impact on how workers and clients negotiate their relationships. I move beyond Hoang’s and Rofel’s framework to include cultural capital that help sex workers perform an East Asia femininity and develop their image as cosmopolitan tempting girls to practice ‘reciprocating desires’ with their non-Chinese clients. The article unfolds as a theoretical exercise in unearthing and understanding the underpinnings of how socioeconomic context impacts our understanding of what qualifies as desirable East Asian femininity. Drawing upon ethnographic research conducted in a high-end bar in South China from the summer of 2015 to the summer of 2017, this article first examines desire and the meanings attached to sex workers’ body capital, and cultural capital that exemplify desirable East Asian femininity. Second, cultural capital explains how desire operates within high-tier heteronormative sex work spaces to construct social identity, which can help sex workers achieve professional success and become a source of personal satisfaction.     

A Return to “The Clinic” for Community Psychology: Lessons from a Clinical Ethnography in Urban American Indian Behavioral Health

Community psychology (CP) abandoned the clinic and disengaged from movements for community mental health (CMH) to escape clinical convention and pursue growing aspirations as an independent field of context‐oriented, community‐engaged, and values‐driven research and action. In doing so, however, CP positioned itself on the sidelines of influential contemporary movements that promote potentially harmful, reductionist biomedical narratives in mental health. We advocate for a return to the clinic—the seat of institutional power in mental health—using critical clinic‐based inquiry to open sites for clinical‐community dialogue that can instigate transformative change locally and nationally. To inform such works within the collaborative and emancipatory traditions of CP, we detail a recently completed clinical ethnography and offer “lessons learned” regarding challenges likely to re‐emerge in similar efforts. Conducted with an urban American Indian community behavioral health clinic, this ethnography examined how culture and culture concepts (e.g., cultural competence) shaped clinical practice with socio‐political implications for American Indian peoples and the pursuit of transformative change in CMH. Lessons learned identify exceptional clinicians versed in ecological thinking and contextualist discourses of human suffering as ideal partners for this work; encourage intense contextualization and constraining critique to areas of mutual interest; and support relational approaches to clinic collaborations.     

Do I need ethnic culture to be free? A critique of Will Kymlicka’s liberal nationalism

Abstract

As part of a vigorous debate about the politics of multiculturalism, Will Kymlicka has sought to find grounds within liberal political theory to defend rights for cultural groups. Kymlicka argues that the individual’s ability to choose the good life necessarily takes place in a cultural context such that access to one’s ethnic or national culture constitutes a condition of autonomy. Thus, in liberal societies where the culture of minority ethnic groups or nations is under threat, these groups should enjoy certain special rights so as to uphold the autonomy of their individual members. However, Kymlicka’s ‘liberal nationalist’ argument relies on a problematic isomorphism between culture and identity. Very simply, I shall argue that an individual’s culture is not necessarily given by their membership of an ethnic group or nation, thus breaking the link between individual autonomy and rights for ethnic groups or nations.     

Working wives and women's rights: The connection between the employment status of wives and the feminist attitudes of husbands

Women in the labor force tend to have more profeminist attitudes on women's rights and sex roles than women working in the home. In turn, the husbands of wives employed outside the home are more supportive of feminist positions than the husbands of wives working in the home. The difference is greater on attitudes relating to employment and traditional roles in the home and family but also occurs on some items dealing with political rights and general sexual equality. The causal connection between the attitude of husbands and the labor-force status of their wives can not be demonstrated, but causation is believed to work in both directions.This research was done for the General Social Survey project directed by James A. Davis and Tom W. Smith (GSS Technical Report No. 41). The project is funded by National Science Foundation Grant SES-8118731.     

In the Name of Culture and Religion: The Political Function of Blasphemy in Islamic States

ABSTRACT

This article argues that blasphemy laws and a cultural relativist approach to human rights have a political function in authoritarian states. Islamic states use a strong cultural relativist approach to justify their dismal human rights record. The main aim of this approach, however, is survival. The article shows how Islamic countries use religion for their own political survival purposes and how blasphemy laws are often used to silence critique of political, social and religious orders that infringe on basic human rights. From this perspective, blasphemy laws are tools of oppression, not a symbol of cultural and religious difference. By highlighting how blasphemy laws and a cultural relativist approach to religion have been used as tools of oppression by authoritarian regimes, the article underscores the importance of freedom of expression for any functioning democracy.     

Human Rights,Cultural Pluralism,and International Health Research

In the field of bioethics, scholars have begun to consider carefully the impact of structural issues on global population health, including socioeconomic and political factors influencing the disproportionate burden of disease throughout the world. Human rights and social justice are key considerations for both population health and biomedical research. In this paper, I will briefly explore approaches to human rights in bioethics and review guidelines for ethical conduct in international health research, focusing specifically on health research conducted in resource-poor settings. I will demonstrate the potential for addressing human rights considerations in international health research with special attention to the importance of collaborative partnerships, capacity building, and respect for cultural traditions. Strengthening professional knowledge about international research ethics increases awareness of ethical concerns associated with study design and informed consent among researchers working in resource-poor settings. But this is not enough. Technological and financial resources are also necessary to build capacity for local communities to ensure that research results are integrated into existing health systems. Problematic issues surrounding the application of ethical guidelines in resource-poor settings are embedded in social history, cultural context, and the global political economy. Resolving the moral complexities requires a commitment to engaged dialogue and action among investigators, funding agencies, policy makers, governmental institutions, and private industry.     

Lutheran and Russian Orthodox Church Buildings as Symbols of Cultural Identity in the Estonian Parliamentary Elections of 20111

In the 2011 parliamentary election campaign in Estonia, two church buildings fulfilled the function of inclusion by integrating the sentiments and identity of the members of cultural constituencies, and the function of exclusion by drawing symbolic boundaries between the current national government and the opposition and between the Estonian cultural mainstream and the Russophone minority, which cannot be drawn legally. For the parties of the national government St John’s Lutheran Church in St Petersburg was a symbol of Estonian nationalism. For their main political opponents the Orthodox church in the Lasnamäe district of Tallinn symbolised the cultural identity of Estonian Russian-speaking residents and electorate. While this development exemplifies ‘desecularisation’ in the dimension of collective cultural identities, I argue against a too simplistic interpretation of ‘desecularisation’ and for a more nuanced understanding of how religion may play a role even in a very secularised society and polity like Estonia. I theorise ‘desecularisation’ in Estonian politics by distinguishing the types of religion and nationalism that were involved and critically analysing the relationship between religion and nationalism in this process. I argue that the electoral campaign of 2011 testifies to a small shift towards a more religious definition of social identities, which may not re-occur with the same passions and intensity in future. After the accession to the European Union in 2004, the pre-electoral symbolic sacralisation of ethnic identities, however, has become an established practice during the Estonian parliamentary elections.     

“[No] Doctor but My Master”: Health Reform and Antislavery Rhetoric in Harriet Jacobs’s Incidents in the Life of a Slave Girl

This essay examines Harriet Jacobs’s Incidents in the Life of a Slave Girl (1861) in light of new archival findings on the medical practices of Dr. James Norcom (Dr. Flint in the narrative). While critics have sharply defined the feminist politics of Jacobs’s sexual victimization and resistance, they have overlooked her medical experience in slavery and her participation in reform after escape. I argue that Jacobs uses the rhetoric of a woman-led health reform movement underway during the 1850s to persuade her readers to end slavery. This essay reconstructs both contexts, revealing that Jacobs links enslaved women’s physical and sexual vulnerability with her female readers’ fears of male doctors’ threats to modesty and of their standard bleed-and-purge treatments. Jacobs illustrates that slavery damages women’s health as much as heroic medicine, and thus merits the political activism of her readers. Specifically, Jacobs dramatizes her conflicts with the rapacious physician-master at moments that are crucial to women’s health: marriage, pregnancy, childbirth, and motherhood. Ultimately, this essay advances a new understanding of the role of health reform in social change: it galvanized other movements such as women’s rights and abolition, particularly around issues of bodily autonomy for women and African Americans.     

NEO-POSITIVISM ABOUT RIGHTS THE PROBLEM WITH 'RIGHTS AS ENFORCEABLE CLAIMS'

ABSTRACT Sue James recommends an 'enforcement account' of rights, where a right is to be understood simply as an enforceable claim. I show that adopting this analysis of rights implies giving up non-rhetorical, important, uses of the word 'right' which are possible on the best alternative theory of rights to James's position: the ability to deny a moral right's existence, even where claims are effectively enforced; the notion of a right's violation; and the idea that rights imply entitlement to make a demand, and not just enforcement of demands. Thus, adopting James's position implies giving up much more than mere rhetoric about rights.     

What After Pluralism? Ulysses Still on the Road

In this work I intend to convey from an autobiographic perspective what it meant for me to become an analyst in a small Latin American country, in an especially turbulent moment in its history. When I graduated from medical school and began my psychoanalytic training, there were marked contrasts in Uruguay. In the political arena there was a long military dictatorship during which human rights and freedom of expression were not respected, while within the Psychoanalytic Association of Uruguay a cultural ambience of pluralism and freedom of thought rich with European tradition could be felt. The existence of multiple approaches—both theoretical and technical—is a positive thing, depending on the way the differences are dealt with. I will reveal some characteristics of the coexistence of various perspectives in Uruguay and reflect on the conditions that made our pluralistic situation a fostering factor for psychoanalysis.     

Holy mothers of God: sex work,inheritance, and the women of Jesus’ genealogy*

ABSTRACT

In this article I consider the stories of Jesus’ women ancestors in the genealogy which opens the Gospel of Matthew. Reading these stories in light of Marxist-feminist analyses of marriage, sex work and reproductive labor, alongside contemporary sex workers’ rights discourse, and through Marcella Althaus-Reid's claim that all theology is “a sexual act”, I explore their implications for contemporary debates about property and propriety in both Christian systematic theology and contemporary Christian sexual ethics – which cannot, of course, be disentangled from one another. To conclude, I return to the twinned questions of righteousness and purity which centrally define both theological accounts of Christian identity and Christian sexual ethics, suggesting that righteousness relies for its coherence not only on the abjection of those who fall short of its standards, but also on their labor.     

School rebellion: a research note

Pathanalysis is applied to survey data bearing on Arthur Stinchcombe's model of student rebellion. The linear causal model hypothesizes that school rebellion is due directly to expressive alienation and indirectly to strain in three systems: poor articulation regarding status allocation, claims to cultural symbols of adult rights, and unrealizable internal standards. Support for the model is not obtained. An alternate model is tested and verified in which political efficacy is an important antecedent of school disruption. The major implication is that school rebellion is not a response to the school experience itself. Other findings are presented concerning the scalability of school disruption items, the nature of expressive alienation and its components, and the impact of sex, race, and neighborhood on school rebellion.     

Political Inequality and the ‘Super-Rich’: Their Money or (some of) Their Political Rights

The ability of very wealthy individuals (or, as I will call them, the ‘super-rich’) to turn their economic power into political power has been—and remains—an important cause of political inequality. In response, this paper advocates an original solution. Rather than solving the problem through implementing a comprehensive conception of political equality, or through enforcing complex rules about financial disclosure etc., I argue that we should impose a choice on the super-rich. The super-rich must choose between (i) forfeiting the things that make them super-rich, i.e., pay a 100 % tax on their wealth above a certain level, or, (ii) they must forfeit some of their political rights. These rights include entitlements to fund political parties; to stand for office; and to work or volunteer for political parties. The right to vote, though, is not limited. I defend my proposal against non-consequentialist and consequentialist objections. I also argue that it avoids two problems that many attempts to reduce political inequality face; these are the political egalitarian’s dilemma and the problem of political equality’s relative moral importance.     

Singapore's Cultural Experimentation: Gay Rights,Stem Cells,Casinos and the Evangelical Response

Abstract

Since the early 1990s the Singapore government has been taking a more liberal stance on controversial issues such as gay rights, embryonic stem cell research and the gaming industry. My paper analyses the Singapore state's utilitarian justification and its authoritarian enactment of these liberal policies. The first part looks at the underlying motivation for the cultural makeover. I frame my analysis around the reaction of the Singapore Christian community to these developments. I focus on the criticisms of the state's ‘liberal’ agenda made by Evangelicals, and describe how the People's Action Party (PAP) regime has defended these policies on utilitarian grounds. The first part ends with a comparative analysis of how the ‘cultural war’ debate was played out in Singapore and the USA. In the second part I examine the procedural aspects of this cultural experimentation. I start with a review of Singapore's political reform. I show that civil society in Singapore has attained a new openness. Yet there remain constraints, leading critics to label the PAP-led government as a ‘soft-authoritarian’ democracy. Singapore's cultural policies, I explain, are essentially an ‘elitist’ state-engineered top-down development. This is in contrast to the experience in the USA, where grassroots activists exercise tangible bottom-up influence on how cultural contests are resolved. My main thesis is to argue that Singapore's recent cultural liberalisation is guided by social–economic expediency notwithstanding the alleged moral risks, and that these are state-commanded liberal experimentations, imposed by the ruling elite upon a constituency that is still largely conservative in moral outlook.     

On Affectionate Respect in Gender Justice: An Inquiry into the Cultural Abuse of Sex

Phallogocentrism as cultural abuse of sex is a difficult issue that has been addressed by many modem Western feminist philosophers.By comparing their insights with those deriving from Chinese Confucianism and Daoism,I propose the concept of "affectionate respect" as an intellectual counterbalance to phallogocentrism.In this essay,I have discussed certain arbitrary fallacies based on masculine predominance and spotlighted the merits of being female in balancing emotion and reason,justice and fairness,and institutionally-biased powers and the human rights of innate dignity.To achieve gender justice and equality before God and under Heaven must be logically and morally extended to law and politics.     

Irrelevant Cultural Influences on Belief

Recent work in psychology on ‘cultural cognition’ suggests that our cultural background drives our attitudes towards a range of politically contentious issues in science such as global warming. This work is part of a more general attempt to investigate the ways in which our wants, wishes and desires impact on our assessments of information, events and theories. Put crudely, the idea is that we confirm our assessments of the evidence for and against scientific theories with clear political relevance to our pre‐existing political beliefs and convictions. In this article, I explore the epistemological consequences of cultural cognition. What does it mean for the rationality of our beliefs about issues such as global warming? I argue for an unsettling conclusion. Not only are those on the ‘political right’ who reject the scientific consensus on issues like global warming unjustified in doing so, some of those on the ‘political left’ who accept the consensus are also unjustified in doing so. I finish by addressing the practical implications of my conclusions.     

The <Emphasis Type="Italic">Struggle Between Liberties and Authorities</Emphasis> in the Information Age

The “struggle between liberties and authorities”, as described by Mill, refers to the tension between individual rights and the rules restricting them that are imposed by public authorities exerting their power over civil society. In this paper I argue that contemporary information societies are experiencing a new form of such a struggle, which now involves liberties and authorities in the cyber-sphere and, more specifically, refers to the tension between cyber-security measures and individual liberties. Ethicists, political philosophers and political scientists have long debated how to strike an ethically sound balance between security measures and individual rights. I argue that such a balance can only be reached once individual rights are clearly defined, and that such a definition cannot prescind from an analysis of individual well-being in the information age. Hence, I propose an analysis of individual well-being which rests on the capability approach, and I then identify a set of rights that individuals should claim for themselves. Finally, I consider a criterion for balancing the proposed set of individual rights with cyber-security measures in the information age.     

The pretense of psychology as science: The myth of mental illness in Statu Nascendi

If I was profoundly shocked by the Varieties [of Religious Experience, by William James], that was not because some of the facts described in it were such as I would rather not hear about. They were, on the whole, amusing. Nor was it because I thought James was doing his work clumsily. I thought he did it very well. It was because the whole thing was a fraud.... Psychology... regarded as the science of the mind, is not a science. It is what “phrenology” was in the early nineteenth century, and astrology and alchemy in the Middle Ages and the sixteenth century: the fashionable scientific fraud of the age.... There were, I held, no merely moral actions, no merely political actions, and no merely economic actions. Every action was moral, political, and economic.     

The pretense of psychology as science: The myth of mental illness in Statu Nascendi

If I was profoundly shocked by the Varieties [of Religious Experience, by William James], that was not because some of the facts described in it were such as I would rather not hear about. They were, on the whole, amusing. Nor was it because I thought James was doing his work clumsily. I thought he did it very well. It was because the whole thing was a fraud.... Psychology... regarded as the science of the mind, is not a science. It is what “phrenology” was in the early nineteenth century, and astrology and alchemy in the Middle Ages and the sixteenth century: the fashionable scientific fraud of the age.... There were, I held, no merely moral actions, no merely political actions, and no merely economic actions. Every action was moral, political, and economic.